The 41-year-old Hollister man accused of shooting his mother
three times, once in the face, is headed toward a likely 12-year
prison sentence after his attorney reached a plea deal with
prosecutors last week.
Plea deal struck for man accused of shooting mother in face
The 41-year-old Hollister man accused of shooting his mother three times, once in the face, is headed toward a likely 12-year prison sentence after his attorney reached a plea deal with prosecutors last week.
Ruben A. Garcia had been charged with first-degree attempted murder. With a prior strike on his record for battery with serious bodily injury, Garcia had faced a sentence, if convicted in a potential trial, of 55 years to life in prison.
Authorities suspect Garcia shot his mother in her face, arm and hand June 1 of last year after an argument over finances. She survived the attack after treatment at a Bay Area hospital.
Two days later, police discovered Garcia locked into his home near Cerra Vista Elementary School on Brighton Avenue. Authorities then engaged in a four-hour standoff before the suspect turned himself in without further confrontation.
Public Defender Gregory LaForge struck the plea deal with prosecutors July 13, the same day Garcia was scheduled to start his jury trial, said LaForge, noting how he had been involved in negotiations for a plea agreement leading up to the planned proceeding. In the end, District Attorney Candice Hooper’s office agreed to lower the charges to a count of mayhem with a firearm enhancement, with the sentence likely set at 12 years, more than one of which Garcia already has served.
“Anytime you can take life off the table and get a set sentence, that’s a victory,” LaForge said.
He is set for sentencing Sept. 28, when he is set to receive the 12-year term in state prison.
Chief calls Pancho’s brawl ‘Norteno fight’
The police chief has confirmed that an assault July 11 outside Pancho’s Bar and Restaurant, stemming from a fight that started in the bar, “was definitely gang related.”
“This incident was not just a dispute in the bar and was definitely gang related,” said Hollister Police Chief Jeff Miller. “(We) definitely have concerns over gang activity at Pancho’s. That particular establishment seems to attract that element.”
The bar was hosting a rap show billed as the celebration of the 10th anniversary for The Family Tree. Around 8 p.m., a fight broke out near the bathrooms that quickly spread to the bar. Security started pulling people apart and the fight moved outside, where more than 100 people watched, Miller said.
At some point after the fight had moved outside, a 27-year-old Fremont man was struck over the head with a chair. The injury was serious enough to warrant him being airlifted to an area hospital.
Police are still investigating the cause of the assault but have heard two plausible scenarios. One is that someone approached one of the performers for an autograph and a member of that performer’s entourage took exception. The other scenario is that the fight was drug related.
In either case, Miller said that it was not a family event. “This was all gang related.”
The incident is tied in to a concert that was supposed to be held at the armory building near the airport that was canceled, Miller said. Although the concert was shut down at the armory, it was moved to Pancho’s and drew a largely Norteño crowd, Miller said.
“This would have been the concert that was canceled at the armory,” Miller said. “There was a heavy influence of Norteños that came from out of town to Pancho’s for that concert. Out-of-town gang members came into Hollister because of the event put on by the promoter.”
Miller said the man in charge of the party at Pancho’s was someone arrested in 2005 for fighting with another man at Calaveras Elementary School. When the two were fighting, authorities arrived and a gun came out of the other man’s pocket, causing the school to be locked down during the school’s Christmas program. Both men had gang ties at the time.
Miller also said other events like the concert at Pancho’s are being planned right now. The next one is scheduled to be in Salinas, although he said he wasn’t sure when.
The July 11 fight isn’t the first incident that has caused police intervention. In May 2008, an argument broke out in the bar which lead to a stabbing murder across the street on the 400 block of East Street.
Pancho’s owner Maria Jimenez declined to comment when reached last week.
Miller said that from various reports from his officers on the scene, there appeared to be “a lot of people wearing red and a hostile environment.” After the assault with the chair, an officer drove by and called in for backup because the crowd was not responding to orders to back away from the victim, Miller said.
“These were not your Saturday afternoon concert goers – it was a tense situation,” he added.
Police only became aware of the fight at Pancho’s because an officer drove by and saw what Miller said was 300 to 400 “strongly Norteño or Norteño affiliates” outside fighting. Those involved were uncooperative with police and were seen posing in groups, some with posters and taking pictures.
“This was a Norteño party,” Miller said.
In total, four Hollister police officers and one San Benito County Sheriff’s Office deputy responded to the scene.
A couple weeks before the concert scheduled to be at the armory, police were given an advertisement that said there were going to be 12 different performers, including headliner Davina, an R&B singer, at the armory. No one had told police about the concert, even though there were no city permits needed because it was set to take place on state property.
Miller said Code Enforcement Officer Mike Chambless checked into the concert and discussed it with officials at the armory, who were not aware of the concert.
National Guard Sergeant Felipe Davila, after discussing the event with police officials, canceled the concert, saying that the promoter would need more insurance and security for the event.
The police department is currently investigating this incident and previous cases stemming from the area where the fight occurred. In reviewing crimes in the area surrounding Pancho’s in the recent past, Miller said there have been calls and reports for disturbing the peace, underage persons in the bar area, assault and assault with a deadly weapon. “We have problems in that area.”
“I don’t want to say the whole area is unsafe. I don’t want to say Paine’s is bad,” Miller said. “I would tell my family to stay away from Pancho’s.”
Police are still investigating whether the concert was legally held at Pancho’s and other violations this incident may have broken. Possible violations include municipal violations for the promoter having the concert at the bar and disciplinary actions for Pancho’s. Miller said he has been in contact with state regulatory agencies to try and resolve issues with the “problemed establishment.”
“Pancho’s has a history of violence at this establishment,” he said. “In the evenings, it becomes a Norteño hang-out. This is a problemed establishment.”
Clerk arrested for pointing gun at customer
At 8:40 p.m. on Thursday, a customer at Pacheco Liquors in Hollister had a gun pointed at him while he tried to find a fresh cigar, according to Hollister Police Spokeswoman Rosie Betanio.
The victim went into Pacheco Liquors on the 800 block of San Benito Street to purchase a cigar. He went into the store and asked the female to see a box of cigars so he could look for a fresher one. While he was looking at the cigars in the box, his cell phone rang, according to police.
He went to get the phone and the other clerk, 58-year-old Salinas resident Savino Ortiz, pointed a pistol at the customer, thinking he might be stealing a cigar, police said. The clerk then lowered the pistol.
The victim wanted to have Ortiz arrested for the incident and placed him under citizen’s arrest. Police showed up and took him to the county jail.
Nearly 9,000 pot plants found near Fremont Peak
An estimated 9,000 marijuana plants were eradicated by the Monterey County Sheriff’s Office Narcotic Unit on Friday at a location near Fremont Peak State Park, according to a press release from the sheriff’s office.
With help from the Monterey County Sheriff’s Office Investigations Division, authorities eliminated around 9,000 plants with an estimated street value of $36 million.
When authorities arrived, there were no suspects in the garden. The case is pending further investigation.
Anyone wishing to provide additional information on this case or any other marijuan related cases is urged to call the Monterey County Investigations Division at 831-755-3772.
